Who is liable if a contractor constructs a building per approved plans but fails the inspection due to a department error?

In a situation where a contractor constructs a building according to the approved plans but the project fails inspection due to an error made by the department, the liability generally falls on the architect or engineer. This is because they are responsible for the design and the accuracy of the documents provided for approval.

The building inspector's role is to verify that construction complies with the approved plans and applicable codes. If the inspector did not make any mistakes and was following the approved plans, they would not be at fault. The contractor is also not liable since they acted according to the approved plans and regulations, executing their work as instructed without deviation.

The homeowner typically holds no responsibility in such cases because they rely on the professionals involved to ensure compliance with regulations and standards. Therefore, in the context of the question, the architect or engineer would be liable because their designs must ensure adherence to applicable codes and regulations, and any errors within those documents can directly impact the outcome of inspections.